AT&T CORP. v. IOWA UTILITIES BD.

No. 97-826.

525 U.S. 366 (1999)

AT&T CORP. et al. v. IOWA UTILITIES BOARD et al.

United States Supreme Court.

Decided January 25, 1999.


Attorney(s) appearing for the Case

Solicitor General Waxman argued the cause for the federal petitioners/cross-respondents. With him on the briefs were Assistant Attorney General Klein, Deputy Solicitor General Wallace, Jonathan E. Nuechterlein, Catherine G. O'Sullivan, Robert B. Nicholson, Nancy C. Garrison, Christopher J. Wright, Laurence N. Bourne, and James M. Carr.

Bruce J. Ennis, Jr., argued the cause for the private petitioners/cross-respondents. With him on the briefs were Donald B. Verrilli, Jr., Mark D. Schneider, Anthony C. Epstein, Thomas F. O'Neil III, and William Single IV. Mitchell F. Brecher, Richard J. Metzger, Albert H. Kramer, Daniel M. Waggoner, Robert G. Berger, Joseph Sandri, Daniel L. Brenner, Neal M. Goldberg, and David L. Nicoll filed briefs for petitioners/respondents Local Telecommunications Services et al.

Diane Munns argued the cause for the State Commission respondents et al. With her on the brief were Lawrence G. Malone and Penny Rubin. Peter Arth, Jr., and Mark Fogelman filed a brief for respondent State of California.

Laurence H. Tribe argued the cause for the private respondents/cross-petitioners. With him on the briefs were Jonathan S. Massey, Mark L. Evans, Michael K. Kellogg, Sean A. Lev, Charles R. Morgan, William B. Barfield, M. Robert Sutherland, James R. Young, Michael E. Glover, Patricia Diaz Dennis, Liam S. Coonan, Michael J. Zpevak, Stephen B. Higgins, and James W. Erwin. Kenneth S. Geller, Donald M. Falk, Stephen M. Shapiro, John R. Muench, and Gary S. Feinerman filed briefs for respondent/crosspetitioner Ameritech Corporation. Mark R. Kravitz, Jeffrey R. Babbin, Daniel J. Klau, Diane Smith, Carolyn C. Hill, Thomas E. Taylor, Jack B. Harrison, Jerry W. Amos, M. John Bowen, Jr., and Paul J. Feldman filed a brief for respondents/cross-petitioners Mid-Sized Local Exchange Carriers. Gary M. Epstein, Maureen E. Mahoney, and Richard P. Bress filed a brief for respondents United States Telephone Association et al. Lloyd N. Cutler, William T. Lake, John H. Harwood II, and Robert B. McKenna filed briefs for respondent/cross-petitioner U S WEST, Inc. Briefs in support of petitioners under this Court's Rule 12.6 were filed for respondent Competition Policy Institute by Glen B. Manishin, and for respondent GST Telecom, Inc., by J. Jeffrey Mayhook.

William P. Barr argued the cause for cross-petitioners/ respondents GTE entities et al. With him on the briefs were M. Edward Whelan, Paul T. Cappuccio, and Steven G. Bradbury.

David W. Carpenter argued the cause for petitioners/ cross-respondents AT&T et al. With him on the briefs were Peter D. Keisler, Mark C. Rosenblum, Charles H. Helein, Robert M. McDowell, Harisha J. Bastiampillai, Genevieve Morelli, Robert J. Aamoth, James M. Smith, Leon M. Kestenbaum, Jay C. Keithley, H. Richard Juhnke, and Richard S. Whitt.

Scalia, J.,delivered the opinion of the Court, Parts I, III—A, III—C, III—D, and IV of which were joined by Rehnquist, C. J., and Stevens, Kennedy, Souter, Thomas, Ginsburg, and Breyer, JJ., Part II of which was joined by Stevens, Kennedy, Souter, and Ginsburg, JJ., and Part III—B of which was joined by Rehnquist, C. J., and Stevens, Kennedy, Thomas, Ginsburg, and Breyer, JJ. Souter, J., filed an opinion concurring in part and dissenting in part, p. 397. Thomas, J.,filed an opinion concurring in part and dissenting in part, in which Rehnquist, C. J., and Breyer, J., joined, p. 402. Breyer, J., filed an opinion concurring in part and dissenting in part, p. 412. O'Connor, J., took no part in the consideration or decision of these cases.


Justice Scalia, delivered the opinion of the Court.

In these cases we address whether the Federal Communications Commission has authority to implement certain pricing and nonpricing provisions of the Telecommunications Act of 1996, as well as whether the Commission's rules governing unbundled access and "pick and choose" negotiation are consistent with the statute.

I

Until the 1990's, local phone service...

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